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| NCAT Appeal Decisions Digest December 2015 Decisions
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The NCAT Appeal Decisions Digest is a monthly newsletter providing keyword summaries of decisions of the NSW Civil and Administrative Tribunal (NCAT) Internal Appeal Panel.
Under the Civil and Administrative Tribunal Act 2013, parties have a right to appeal to the Internal Appeal Panel from any decision made by the Tribunal in proceedings for a general decision or an administrative review decision. Detailed information about appeals is available on the NCAT website.
The following NCAT Appeal Panel decisions were handed down during the month of December 2015. Each case title links to the full decision available on NSW Caselaw. |
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Lonsdale v University of Sydney [2015] NSWCATAP 277
Administrative & Equal Opportunity Division - Administrative Review
Judgment of: A/Judge K O'CONNOR AM, Deputy President; Dr J LUCY, Senior Member Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) - Review applicant's application for summonses to be issued - Refused by Tribunal - Interlocutory appeal - issuance of summonses in GIPA matters - considerations - decision not arguably wrong - leave refused. |
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Urban Constructions (NSW) Pty Ltd v Shearer [2015] NSWCATAP 278
Consumer & Commercial Division - Home Building
Judgment of: R SEIDEN SC, Principal Member; T SIMON, Senior Member Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL (NSW) - appeal - costs - exercise of discretion - irrelevant considerations - indulgence principle - whether s 94(1A) of the Home Building Act 1989 (NSW) requires leave or indulgence - just and equitable - entitlement. |
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Fit College Pty Ltd v Styrud [2015] NSWCATAP 280
Consumer & Commercial Division - General
Judgment of: M DICKER SC; T SIMON, Senior Members Catchwords: CONSUMER LAW - education provider - fitness studies - contract - term of contract for the assignment of a mentor and the provision of mentoring program - term of contract for the arrangement of practical experience - breaches of terms found by the Tribunal at first instance - held no error of law - leave refused for other grounds of appeal. |
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Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281
Consumer & Commercial Division - Social Housing
Judgment of: R SEIDEN SC, Principal Member; K ROSSER, Senior Member Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL (NSW) - appeal - residential tenancy - extension of time - construction of subs 90(1)(b) Residential Tenancies Act 2010 - whether location qualifier applies to landlord's employee - recklessness. |
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Feary v Mallia [2015] NSWCATAP 283
Consumer & Commercial Division - Commercial
Judgment of: J L REDFERN, Principal Member; R C TITTERTON, Senior Member Catchwords: APPEAL - Civil and Administrative Tribunal - application for an extension of time in which to file notice of appeal - significant delay - no explanation for delay - leave to appeal required - prospects of success weak - no question of principle or injustice - extension of time refused - appeal dismissed. |
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Integrity Home Pty Ltd v Staniland [2015] NSWCATAP 284
Consumer & Commercial Division - Home Building
Judgment of: Hon G MULLANE ADCJ, Principal Member; D GOLDSTEIN, Senior Member Catchwords: Appeal against interlocutory decision - application for leave to appeal out of time - appeal grounds without merits - Costs. |
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Li v MACD Developments Pty Ltd [2015] NSWCATAP 287
Consumer & Commercial Division - Home Building
Judgment of: M HARROWELL, Principal Member; R C TITTERTON, Senior Member Catchwords: Leave to appeal - decision against the weight of evidence - Liability of builder for defective design of homeowner's architect - Construction of specification for work. |
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